Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Defective Paint - Consumer Rights?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2478 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi -

 

Recently I refurbished my concrete garage floor. Scrubbed and acid-etched it, applied epoxy primer and 4 coats of epoxy paint for a lovely deep colour. Then finally applied a transparent protective topcoat, which went horribly wrong. The topcoat was supposed to be "smooth satin finish with excellent flow”, but it was actually quite viscous and didn't flow or settle well. Even worse, it didn't dry transparent, but with a cloudy white effect - the floor looks like a glazed doughnut.

 

All materials were highest quality major brand and all bought retail on-line from same UK supplier (nearly £400). I am now in discussion with the supplier about this, and working through the predictable excuses ("you can't have mixed it properly", "no-one else has complained" etc). I am absolutely confident that it was correctly mixed and applied, using scrupulously clean tools etc. I had successfully applied 5 previous coats, this wasn't my first rodeo.

 

The topcoat has set hard, and can't be removed. My only option is to paint over it all again, and this will probably need two coats of epoxy paint to reinstate the deep, rich colour. The materials for that will be around £100. I am hoping that the supplier will provide this additional paint without charge, and if so I'm happy to settle. If they won't offer a reasonable solution, then I will buy the necessary paint from another supplier and pursue it through the small claims procedure).

 

What I'm not sure about is the basis for the court claim, should that be necessary. The supplied topcoat was materially defective, but I can't realistically return it for a refund because it's stuck to the floor. Also a simple refund of one can of topcoat sealant would only be about £40, leaving me well out of pocket. So I think this is maybe a "consequential damages" situation, or a tort?

 

Would I pursue that in the ordinary way by reference to Consumer Rights Act 2015, or is a different model of claim necessary? Grateful for any advice, and especially for links to relevant information.

 

Thanks

Link to post
Share on other sites

When did you purchase the paint ?

 

How long after purchase did you use the paint ?

 

On the paint tins, what does it say about where the paint can be used and what preparation is required ?

 

I think the retailer is entitled to see evidence that the paint has not performed as it should have, if the paint is suitable for the job it was used for. I think you should take pictures and email them to the retailer, with an explanation of preparation before paint used, the square footage/meters covered and how much paint you used. Depending on how long ago you bought the paint, you might have to accept the retailer taking any unused paint and them sending it off to a lab to be inspected.

 

Others will know a lot more on consumer law. I know from reading that you get a lot of compaints about paint quality and retailers often will not provide more paint. They will want unused paint sent off to be tested in a lab, because they might have a batch that has a problem and it needs to be dealt with properly. If they supplied more paint, the same issue might be repeated.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Hi UncleB -

 

Firstly, I'm very pleased to say that the supplier has today agreed to provide the necessary paint without charge after reviewing the photos, video and notes which I sent to them.

 

The paint was freshly purchased for this project, and used within a week of supply. The purpose, preparation and application was exactly in line with the manufacturer's recommendations. There was no unused material remaining, but I offered to provide samples of the cured product and/or a site visit for expert inspection and testing.

 

I agree that it was reasonable for the supplier to ask these questions. I was half expecting it to become a small claims battle, but after seeing the evidence they responded very professionally. If it's okay to "name and praise" I will post a final comment later when it's all finished.

Link to post
Share on other sites

there is case law on this, someone bought paint for doing out the inside of a yacht and the paint was defective so they sued for the cost of repainting professionally. The paint co denied any liability but then said they will accept liability for the cos of the paint but the court decided that charging for a complete repaint was not unreasonable and the paint co were liable essentially without limit

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...